Allowed

Manjeet Singh & Ors. v. the State, Government of National Capital Territory of Delhi & Anr.

Delhi HC12 Jul 2024CRL.M.C./2692/2024

Case brief

AI extract

What is this about?

Criminal Miscellaneous petition seeking quashment of FIR registered under Section 498A IPC arising from marital disputes. Court found amicable settlement and divorce by mutual consent. Held quashing is appropriate to prevent abuse of process.

What did the court decide?

FIR No. 0117/2019 and all proceedings emanating therefrom are quashed.

Manjeet Singh & Ors. Vs the State, Government of… — Matrimonial and Divorce | Delhi HC (2024)

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$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 12.07.2024

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- CRL.M.C. 2692 /2024

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MANJEET SINGH & ORS. ..... Petitioners Through: Mr. Anil Ohlan and Mr. Arvind Yadav, Advocates with Petitioners-inperson.

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versus

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THE STATE, GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR. ..... Respondents Through: Ms. Kiran Bairwa, APP for State with SI Robin, PS: Moti Nagar. Mr. Neeraj Kumar, Advocate for R-2 with Respondent No. 2-in-person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 0117/2019, under Sections 498A/406/34 IPC, registered at PS: Moti Nagar and proceedings emanating therefrom. Chargesheet has been filed under Section 498A IPC.

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2. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Sikh rites and ceremonies on 04.06.2016. No child was born out of the wedlock. Due to temperamental differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 15.03.2019.

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Signature Not Verified

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CRL.M.C. 2692 /2024

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Page 1 of 2

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Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.07.2024 18:52:58

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3. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 11.04.2019. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 04.12.2019.

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4. Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.

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5. Petitioners and respondent No. 2 are present in person and have been identified by SI Robin, PS: Moti Nagar. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

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6. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 0117/2019, under Sections 498A/406/34 IPC, registered at PS: Moti Nagar and proceedings emanating therefrom stand quashed.

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Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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A copy of this order be forwarded to learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J.

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JULY 12, 2024 /R

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.07.2024 18:52:58

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CRL.M.C. 2692 /2024

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Page 2 of 2

Manjeet Singh & Ors. v. the State, Government of National Capital Territory of Delhi & Anr.

Case brief

What is this about?

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Manjeet Singh & Ors. v. the State, Government of National Capital Territory of Delhi & Anr.

Case brief

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